Fired clerk sues city

A former accounts clerk is suing the city and her boss, saying she was suspended, denied a fair labor hearing and fired after she brought charges of wrongdoing to law enforcement officials.

Mary Zlotnick, who last year questioned how some property assessments were lowered, filed a lawsuit against Saratoga Springs and Accounts Commissioner John Franck last week in state Supreme Court.

The Article 78 action aims to annul a New York Civil Service officer’s decision that found Zlotnick guilty of misconduct and/or insubordination on the job. The December ruling led Franck to dismiss Zlotnick. She seeks a return to the job with back pay and attorney fees.

“The penalty of termination shocks the conscience,” Zlotnick’s attorney, Mark Walsh of Albany, states in the suit.

In it, Zlotnick claims “whistleblower” status, and she is protected under New York State Civil Service law. She alleges Chris Nicolino, a Suffolk County attorney who presided over her disciplinary hearing, shouldn’t have judged the case because his wife had business dealings with Harris Beach, the law firm representing the city in the case.

Zlotnick began working in the accounts department in 2010. Last year, she told reporters that Malta businesswoman Diane Young, who condominium owners pay to challenge their property tax assessments, had gained special access to Assistant Assessor Anthony Popolizio that resulted in assessment reductions.

Zlotnick reported “improper governmental action” to the district attorneys of New York and Saratoga County. She charges city officials took disciplinary action against her once they became aware of her complaints.

Franck called Zlotnick’s charges unfounded and misguided. He said the accounts office had overassessed condominiums prior to him coming into office, and the department started lowering assessments for those who applied for reductions starting in 2010. Many condominium owners hired Young to correct their assessments, he said. Condo units in New York State are valued based on their rental income potential, not sale prices.

Franck placed Zlotnick on unpaid leave. The city said she did not understand her job, gave untruthful allegations to the media, removed tax records from the department and spoke on the job about matters she was not authorized to.

Those accusations formed the basis for an administrative hearing in September before Nicolino. The hearing officer ruled in December Zlotnick had violated three of the five charges the city had lodged against her.

City Attorney Matt Dorsey declined comment on Monday. Walsh could not be reached. Franck directed inquiries to Harris Beach, which provided a statement by email.

“The firm views this as silly on its face,” the statement said. “The issue seems to be a desperate tactic.”

4 Responses

The suit alleged that Mr. Nicolino made no disclosure that his wife was an in-house council for long Island Power Authority{LIPA} and had recommended to LIPA that it appoint Harris Beach law firm to be a council for LIPA. Then Harris Beach selected her husband Mr. Nicolino to the lucrative position of arbitrator. All paid for my city taxpayers. Sweet.
In the suit Walsh also goes into detail about all John Franck’s lies. Lies that he also repeated to me. That Diana Young was an attorney. That she sued the city, all of which were complete and total fabrications.

The truth is and has been all along that Franck knew all the Condo assessment were wrong and had known since 2007.That he continued to over assess them including new ones just coming on line. He gave preferential treatment to clients of Diana Young. There was no reason Franck could not have done a “partial reassessment” of condos based on an incorrect formula the city was using. That

John Franck has repeated lied that a “partial reassessment” is illegal {it is not}. That John Franck is either completely incompetent or completely corrupt. Neither one is a pretty picture. That he lowered his own assessment while under contract to buy the home. He lowered his deputy’s assessment shortly after she came into office. He has hidden numerous business relationships and conflicts of interest with his office. That he has repeated abused the power of his office to persecute a whistleblower.

All the new buildings on Bonacio Canyon, the condo on Broadway where the YMCA was, the building on Division St., the Weibel Ave buildings, and my taxes keep going up, and up. There is a new water bill surcharge, the traffic is now worse, and taxpayers will soon be asked to build newer and bigger roadways. Ever wonder why the first two parking garages were only two stories high, yet the new one is four stories? Parking needed for Bonacio’s apartment owners.
Don’t believe it yet?

Though the ‘method’ of assessing condos in NY seems preferential to observers, in this case it means that this low-level employee talked about things she knew very little about. She discredited her own department. Unfortunatly, she needed to be fired for giving out wrong information after being instructed not to.

If she exposed as much cleavage during work hours as she did in that picture, she’s fortunate she didn’t get sued for sexual harrasment.

Commissioner Franck however, needs to be fired also. He should have know the correct method for assessing condos here in ny BEFORE he took the job. The firm that reappraised the Spa City should have been held accountable for their mis handling of the condos’ assessments. Within 6 months of hire Franck should have fixed ALL the condo assessments. Not just people who complained.